GST on Education Services

GST on Education Services

Education is the process of training and developing the knowledge, skills and character of students by normal schooling.

Since education in India is viewed more as a social than a commercial endeavor, tax on education in India continues to be a contentious topic. The consequences of GST on education have drawn attention as students seek information and institutions work to deliver it.

Services provided to educational institutions exempt from GST. The GST Act tries to maintain a fine balance whereby core educational services provided and received by educational institutions are exempt and other services are sought to be taxed at the standard rate of 18%. The GST for educational institutions applies to both public and private institutions.

The education tax in India varies across different states and the revenue generated through this GST on education fees is intended to support government initiatives to improve the quality of education. Since its implementation, the imposition of GST on school fees and GST on education in India has evoked varied responses. The matter of levying GST on educational institutions has raised apprehensions about the affordability and accessibility of education. The GST on education, including coaching classes and additional services, may raise the total cost of education for students. The GST exemption for educational institutions notification aims to address some of these issues.

Auxiliary services received by such educational institutions for the purpose of education up to the Higher Secondary level are also exempt from GST.

Other services related to education that are not covered by the exemption would be taxed at a standard rate of 18% with full admissibility of ITC for such taxable services in cases where the output service is not exempt. The GST exemption for educational institutions notification helps to notify updates regarding GST exemptions.

However, Services by an entity registered under section 12AA of the Income-tax Act, 1961 (43 of 1961) by way of charitable activities are exempted from GST.

Education Services are covered under forward charge. Therefore, GST on education shall be paid by the supplier of services.

Educational Institution means an institution providing services by way of:

• Pre-school education and education up to higher secondary school or equivalent;
• Education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force;
• Education as a part of an approved vocational education course

“Educational institution” means:

• institutions providing services by way of education as a part of the curriculum for obtaining a qualification recognized by any law for the time being in force.
• institutions providing services by way of education as a part of approved vocational course

As per notification no. 12 CTR dated 28^th July 2017, an “approved vocational education course” means, -

• A course run by an industrial training institute or an industrial training centre affiliated to the National Council for Vocational Training or State Council for Vocational Training offering courses in designated trades notified under the Apprentices Act, 1961 (52 of 1961); or
• A Modular Employable Skill Course, approved by the National Council of Vocational Training, run by a person registered with the Directorate General of Training, Ministry of Skill Development and Entrepreneurship.

So in view of the above,

1. Conduct of degree courses by colleges, universities or institutions that lead grant of qualifications recognized by law would be exempted from GST. In this case, GST on educational institutions would be exempted.
2. Training given by private coaching institutes or other unrecognised institutions or self-styled educational institutions would not be exempted as such training does not lead to the grant of a recognized.
3. Services provided by way of education as a part of a prescribed curriculum for obtaining a qualification recognized by a law of a foreign country are also not exempted because the course/degree is not recognized by Indian Law.

Education Services are classified in heading 9992 and are further sub-divided into six groups comprising of

1. Pre-primary education services
2. Primary education services
3. Secondary Education Services
4. Higher education services
5. Specialised education services
6. Other education & training services and educational support services

Rates of GST on Education Services

The rates of GST on education services are mentioned in:

1. Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 and
2. Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017

So, services provided by an educational institution to students, faculty and staff are exempt.

The output services of lodging/boarding in hostels provided by such educational institutions that provide preschool education and education up to higher secondary school or equivalent or education leading to a qualification recognised by law are fully exempt from GST for educational institutions.

Annual subscription/fees charged as lodging/ boarding charges by such educational institutions from its students for hostel accommodation shall, therefore, not attract GST on education.

Input services like canteen, repairs and maintenance etc. provided by private players to educational institutions are subject to GST on school fees.

As output services are exempted, the Educational institutions may not be able to avail credit of tax paid on the input side.

Auxiliary education services entry no 66 of notification no. 12, if provided to educational institutions providing degree or higher education, the same would not be exempt from GST.

The supply of placement services provided to educational institutions for securing job placements for the students shall be liable to GST.

Educational institutes such as IITs, and IIMs charge a fee from prospective employers like corporate houses/ MNCs, who come to the institutes to recruit candidates through campus interviews in relation to campus recruitments. Such services shall also be liable to GST.

Place of Supply in the education sector where BOTH the location of the supplier of services and the location of the recipient of services is in India

As per section 12(6) of the IGST Act, 2017, the place of supply of services provided by way of admission to an educational or any other place and services ancillary thereto, shall be the place where the event is actually held or such other place is located.

As per section 12(7) of the IGST Act, 2017, the place of supply of services provided by way of, —

(a) The organisation of a cultural, artistic, sporting, scientific, educational or entertainment event  including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or

(b) Services ancillary to the organisation of any of the events or services referred to in clause (a), or assigning of sponsorship to such events:–

• To a registered person, shall be the location of such person;
• To a person other than a registered person, shall be the place where the event is actually held and
• if the event is held outside India, the place of supply shall be the location of the recipient.

Place of supply of Educational Services where the location of the supplier of services or the location of the recipient of services is outside of India

The place of supply will be the place where the event is actually held.

Composite and Mixed Supply in the Education sector

• If in Boarding schools, charges for education and lodging and boarding are inseparable then it is exempt from GST.
• Provision of dual qualifications is in the nature of two separate services as the curriculum and GST on educational services in India for each of such qualifications are prescribed separately. Service in respect of each qualification would, therefore, be assessed separately.

Disclaimer: The views expressed in this article are strictly personal. The content of this document is solely for informational purposes. It doesn’t constitute professional advice or recommendation. The Author does not accept any liabilities for any loss or damage of any kind arising out of information in this article and for any actions taken in reliance thereon.